Guidelines for determination of tariff & SBD for ... - Ministry of Power

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Standard RFP for ….[Insert ‘medium’ or ‘long’, as applicable] term power procurement under Case - 1 5.7 Format for Contract Performance Guarantee (To be on non-judicial stamp paper of appropriate value as per Stamp Act relevant to place of execution. Foreign entities submitting Bids are required to follow the applicable law in their country. To be provided separately in the name of each of the Procurer(s), in proportion to their Contracted Capacity) In consideration of the ……………………..[Insert name of the Successful Bidder with address] agreeing to undertake the obligations under the PPA and the other RFP Documents and …………………….……….. [Insert name of Procurer(s)](herein after referred to as Procurer(s)), agreeing to execute the RFP Documents with the Successful Bidder for procurement of power on ………….. [Procurer/Authorized Representative to insert ‘medium’ or ‘long’, as applicable] term basis through tariff based competitive bidding process for meeting the requirements of the Procurer(s), the ………………………………. [Insert name and address of the bank issuing the guarantee and address of the head office] (hereinafter referred to as “Guarantor Bank”) hereby agrees unequivocally, irrevocably and unconditionally to pay to the Procurer(s) at ……………………[Insert address of Procurer(s)] forthwith on demand in writing from the Procurer(s) or any Officer authorized by it in this behalf, any amount up to and not exceeding Rupees ………………………….. only [Insert the amount of the bank guarantee computed on the basis of thirty (30) lakhs/MW with respect to the Contracted Capacity of …………..[Insert as applicable: “the Procurer”/ each Procurer”]] as per the terms of PPA] on behalf of M/s. …………………………………. [Insert name of the Successful Bidder]. This guarantee shall be valid and binding on the Guarantor Bank up to and including ……………………….[Insert date of validity of CPG] and shall in no event not be terminable by notice or any change in the constitution of the Bank or the term of the PPA or by any other reasons whatsoever and our liability hereunder shall not be impaired or discharged by any extension of time or variations or alternations made, given, or agreed with or without our knowledge or consent, by or between parties to the respective agreement. Our liability under this Guarantee is restricted to Rs. ………………….. (Rs. …………………………….. only). Our Guarantee shall remain in force until ……………………………………….. [Insert the date of validity of the Guarantee as per Clause 2.13 of the RFP]. The Procurer(s) shall be entitled to invoke this Guarantee up to thirty (30) days of the last date of the validity of this Guarantee by issuance of a written demand to invoke this guarantee. The Guarantor Bank hereby expressly agrees that it shall not require any proof in addition to the written demand from the Procurer(s), made in any format, raised at the above mentioned address of the Guarantor Bank, in order to make the said payment to the Procurer(s) . The Guarantor Bank shall make payment hereunder on first demand without restriction or conditions and notwithstanding any objection by, ……………………….. [Insert name of the Successful Bidder] and/or any other person. The Guarantor Bank shall not require the Procurer(s) to justify the invocation of this BANK GUARANTEE, nor shall the Guarantor Bank have any recourse against the Procurer(s) in respect of any payment made hereunder. ………..[Insert name of Procurer / Authorized Representative ] Page 122
Standard RFP for ….[Insert ‘medium’ or ‘long’, as applicable] term power procurement under Case - 1 This BANK GUARANTEE shall be interpreted in accordance with the laws of India and the courts at …….. [Location to be inserted by Procurer/Authorized Representative] shall have exclusive jurisdiction. The Guarantor Bank represents that this BANK GUARANTEE has been established in such form and with such content that it is fully enforceable in accordance with its terms as against the Guarantor Bank in the manner provided herein. This BANK GUARANTEE shall not be affected in any manner by reason of merger, amalgamation, restructuring, liquidation, winding up, dissolution or any other change in the constitution of the Guarantor Bank. This BANK GUARANTEE shall be a primary obligation of the Guarantor Bank and accordingly the Procurer(s) shall not be obliged before enforcing this BANK GUARANTEE to take any action in any court or arbitral proceedings against the Successful Bidder/Seller, to make any claim against or any demand on the Successful Bidder/Seller or to give any notice to the Successful Bidder/Seller or to enforce any security held by the Procurer(s) or to exercise, levy or enforce any distress, diligence or other process against the Successful Bidder/Seller. The Guarantor Bank acknowledges that this BANK GUARANTEE is not personal to the Procurer(s) and may be assigned, in whole or in part, (whether absolutely or by way of security) by the Procurer(s) to any entity to whom it is entitled to assign its rights and obligations under the PPA. The Guarantor Bank hereby agrees and acknowledges that the Procurer(s) shall have a right to invoke this Bank Guarantee either in part or in full, as it may deem fit. Notwithstanding anything contained hereinabove, our liability under this Guarantee is restricted to Rs. ………………….. crores (Rs. ………………….. crores only) and it shall remain in force until ………………………[Date to be inserted on the basis of Article …………….of PPA], with an additional claim period of thirty (30) days thereafter. This BANK GUARANTEE shall be extended from time to time for such period, as may be desired by …………………………………….. [Insert name of the Successful Bidder/Seller]. We are liable to pay the guaranteed amount or any part thereof under this Bank Guarantee only if the Procurer(s) serves upon us a written claim or demand. In witness whereof the Bank, through its authorized officer, has set its hand and stamp on this …………….. day of ……………………… at ……………………. Witness: 1. ……………………………………. Signature Name and Address. Name: 2. ………………………………….. Designation with Bank Stamp Name and Address Attorney as per power of attorney No. ………………… ………..[Insert name of Procurer / Authorized Representative ] Page 123
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No. 23/11/2004-R&R (Vol.II) -------
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(ii) For hydro-power projects, load
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(vi) Requisite Hydrological, geolog
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entered into between the concerned
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4.10 Adequate payment security shal
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authentic sources and is known to t
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(iv) Requirement of transfer of ass
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6. Escalation rate for different es
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completed in a period of 270 days.
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Sl. No. Activities to be completed
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Sl. No. Event Activities to be comp
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1. INTRODUCTION Standard RFP for
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Sr. No Standard RFP for ….[Insert
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Sr. No 1.3.2 Evacuation of Power St
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Fax: E-mail: Standard RFP for ….[
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4.1 Format of Covering Letter To St
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Notes: Standard RFP for ….[Insert
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Guidelines for determination of tariff & SBD for ... - Ministry of Power

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